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C. All of the Fees shall be paid prior to the issuance of a building permit for <br />expansion of the main dealership building on Cornerstone's property. <br />3. Cornerstone agrees that failure to execute this Agreement and make the initial <br />payment due by February 15, 2013, or failure to make any of the remaining payments due on or <br />before the due date, will constitute a violation of the terms of the Conditional Use Permit <br />approved in 2006 for the dealership and will constitute sufficient cause for City to revoke the <br />Conditional Use Permit. <br />4. Cornerstone further agrees that for as long as this Agreement is in place, it will <br />not seek and will not be entitled to any additional signage beyond the signage currently in place <br />on the main dealership building and the signage approved for the oil change facility. This <br />condition can only be revised by an amended conditional use permit which amends this <br />Agreement. <br />5. In the event of Cornerstone's failure to make any payment required by this <br />Agreement, in addition to revocation of the Conditional Use Permit City may, at its option, <br />declare the entire amount of the Fees due and payable within ten (10) days and may pursue <br />collection of all amounts due under this Agreement, and all costs of collection including <br />reasonable attorneys' fees. Cornerstone waives presentment, demand for payment, notice of <br />dishonor, notice of protest, protest and all other notices or demands in connection with the <br />delivery, acceptance, performance or default under this Agreement. <br />659857.DOCX <br />CITY OF ELK RIVER <br />By <br />Its Mayor <br />AND <br />Its City Clerk <br />CORNERSTONE AUTO RESOURCES <br />LO-A <br />2 <br />Its <br />